OBANDE FESTUS OGBUINYA, JSC (Delivering the Leading Judgment): This appeal censures the rightness of the decision of the Court of Appeal, Yola Division (hereinafter addressed as "the lower court"), coram judice: C.N Uwa, JCA (now JSC), J.S Abiriyi, JCA, and A.M. Bayero, JCA, in Appeal No: CA/YL/137C/2018, delivered on the 25th March, 2020. The lower court, in its decision, set aside the decision of the High Court of Adamawa State (the trial court), in Charge No: ADSY/55C/2017, delivered by Abdul-Azeez Waziri, J., (now JCA), on the 11th June, 2018, wherein the appellant was convicted and sentenced to death and terms of imprisonment.
The material facts of the case, which metamorphosed into the appeal, are submissive to brevity and simplicity. Mohammed Siddi, Ori Sarti, Adamu Bello and others were herders of cattle in Kadamum village in Demisa Local Government Area of Adamawa State. On the 18th January, 2017, in the course of rearing their cattle, they got to a river where they wanted the…